CONDITIONS FOR BUYERS RESIDING IN THE EU
CONDITIONS FOR BUYERS RESIDING OUTSIDE OF THE EU
CONDITIONS FOR BUYERS RESIDING IN THE EU
CONDITIONS OF SALE AND TERMS OF USEThese Conditions of Sale and Terms of Use (the “Conditions of Sale”) refer to the fixed-price lots on offer in Christie’s Unwrapped: Online-Only Sale. For Conditions of Sale and Terms of Use regarding the Charity lots offered via online-auction, please view these at http://onlineonly.christies.com/c/terms/35.
These Conditions of Sale contain all the terms on which Christie’s Inc., 20 Rockefeller Plaza, New York, New York, 10020 and the seller (also referred to as “Christie’s”, “we”, “us”, “our” and “ourselves”) contract with you (also referred to as the “buyer”, “you” and “your”). If there are any amendments to these terms and conditions, you will find such amendments at http://www.christies.com/onlineonly during the sale and such amendments will supersede the Conditions of Sale or relevant parts as notified provided herein.
BY REGISTERING TO BUY AT THE SALE YOU AGREE TO BE BOUND BY AND ACCEPT THESE CONDITIONS OF SALE.
Please read the Conditions of Sale carefully prior to registering.
1. Christie’s as Agent
Except as otherwise stated, Christie’s acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Registration
(a) Registration: If you have an existing MyChristie’s account, you can sign into the online-only sale with your existing username and password and then subsequently register for the sale (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie’s and, therefore, do not already have a MyChristie’s account, you will need to first create a MyChristie’s account by following the instructions provided at http://www.christies.com/onlineonly and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on Monday, November 18, 2013 at 3:00 p.m. (EST) when the sale starts and ending on Tuesday, December 17, 2013 when the sale closes at 1:00 p.m. (EST).
(b) Registering as Principal/On Behalf of an Entity: If you are purchasing on behalf of an entity and the entity already has a MyChristie’s account, the entity’s name will need to be entered as part of the sale registration process. If your entity does not already have a MyChristie’s account, you cannot register online at http://www.christies.com/onlineonly. Please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com. In either situation, Christie’s may require your entity to provide certain documents or meet certain qualifications as set forth below.
As a successful purchaser, if you registered as an entity purchaser, your entity will need to pay for any purchases via a credit card issued to the entity’s account and not a personal account.
Christie’s is not able to honor any reseller’s certificates through the online-only sale process and cannot grant any exemption upon check-out for applicable sales tax to any buyer. As a successful buyer, you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie’s with the appropriate valid and up-to-date documentation and Christie’s will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining a refund shall not justify the rescission of any sale.
(c) Requirements and Purchase Limits: In order to register to purchase, you are required to supply the information requested, including valid credit card information. If you are purchasing on behalf of an entity, you should provide information for the credit card issued to the entity’s account.
Each purchaser is subject to an aggregate reservation limit in the amount of USD 300,000 for this particular sale. This aggregate limit shall apply to all items selected to purchase by you until successfully checked out and paid for, and shall not apply on a per lot basis. Christie’s, in its sole discretion, may lower or rescind this limit, and has the ability to contact you to request the production of documents or information in relation to such limit. If you should reach the aggregate purchase limit based on the purchases you make, you will not be able to purchase other items. If you have a question regarding your purchase limit, please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com.
Christie’s may require the production of bank or other financial references or that you meet certain qualifications.
Christie’s may require you, or, if you are registering to purchase on behalf of an entity in accordance with paragraph 2(b), above, your entity, to provide the following types of information and/or documentation, if applicable: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on the entity’s documents); and a valid, government-issued photo ID for the account owner (driver's license, passport or national identity card). Christie’s Client Services will contact you should such documentation be required.
(d) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the sale, revoke your permission to participate and/or refuse to award your lots at any time prior to, during or even after the close of the sale.
3. Before the Sale
(a) Examination of Property: You are strongly advised to examine personally any lot in which you are interested, before you purchase the lot. You can request a private viewing of the lots in which you are interested and which are still available for purchase by making an appointment to view the lots from November 18, 2013 through November 21, 2013 at Christie’s warehouse in New York, which exact location will be provided when the appointment is made. To make an appointment, a client may either contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com. Neither Christie’s nor the seller provides any guarantee in relation to the nature of the property. Condition reports are usually available online. The property is sold “as is.”
(b) Lot Descriptions: All statements by us in the online description of any property (the “lot description”) or orally or in writing elsewhere are statements of opinion given honestly and with appropriate care and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind.
The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any other supplementary material to damage are for guidance only and should be evaluated by personal inspection by the buyer or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 6(b), below, neither Christie’s, nor the seller is responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) Buyer’s Responsibility: All property is sold “as is” without any representation or warranty of any kind by Christie’s or the seller except for the Limited Warranty as set out in paragraph 6(b), below. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering purchasing a lot you should examine it – see 3(a), above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://www.christies.com/onlineonly .
4. At the Sale
(a) Lots within this sale are offered for purchase at a fixed retail price. It allows you, the buyer, to buy the relevant lot at a fixed retail price which includes all retail commission (sometimes referred to as buyer’s premium) and will not include any applicable value added, sales or compensating use tax or equivalent tax, which shall be charged, if applicable, in addition to the fixed retail price.
(b) Logistics: The application that enables online buying is optimized for broadband connectivity (DSL or cable modem). Please note that broadband or other capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
(c) Refusal of Purchase: Christie's reserves the right, in our absolute discretion, to reject, revoke or refuse to honor any purchase (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the sale. Christie’s also reserves the right to disable or deactivate your account at any time during the sale. Christie’s will use its reasonable discretion when exercising this right.
(d) Purchasing as Principal: When making a purchase, whether as an individual or on behalf of an entity, you are accepting personal liability to pay the fixed retail price which includes any and all retail commission (sometimes referred to as buyer’s premium), and in addition, any applicable value added, sales or compensating use tax or equivalent tax.
(e) Online Purchase Process: A purchase of a lot can be reserved and added into your basket (subject to the aggregate purchase limit set forth in paragraph 2(c), above) and you will have a fifteen (15) minutes reservation window to complete your checkout. If such checkout is not completed within this time the lot will no longer be reserved and will be re-offered back into the sale. It is only upon successful payment for the reserved lot that the lot will be purchased by you. Neither Christie’s nor the seller is responsible for your errors in purchasing.
(f) The Record of Sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie’s and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot’s closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Purchasing: Please note that employees of Christie’s may be purchasing from this sale.
(i) Closing of Purchasing: Purchases may be made beginning on Monday, November 18, 2013 at 3:00 p.m. (EST) when the sale starts, and can be made at any time until the sale closes on Tuesday, December 17, 2013 at 1:00 p.m. (EST).
5. After the Sale
(a) Successful Purchases: Unless Christie’s decides to use its discretion as set out in paragraph 4(c), above, the buyer who finalizes the payment process and successfully pays for the lot will be the purchaser. This means a contract for sale has been formed between the seller and the purchaser. Purchasers will receive an email notification of any successful payment. You are requested to complete checkout immediately after reserving a lot. Neither Christie’s nor the seller accepts responsibility for notifying you of the status of your reserved lots.
(b) Buyer’s Premium: The fixed retail price for which you may purchase the lot is inclusive of any retail commission and/or Christie’s buyer’s premium, but is exclusive of any applicable value added, sales or compensating use tax or equivalent tax, which, if applicable, shall be in addition to such fixed retail price. Further, in addition to the fixed retail price, you agree to pay any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges.
(c) Passing of Title: You will not acquire title and own the lot until all amounts due to Christie’s have been received by Christie’s in full and cleared funds even in circumstances where Christie’s has released the lot to you.
(d) Payment Method: You must pay for any lot bought via the online-only sale by credit card. Christie’s will only accept credit cards with a MasterCard, Visa, Discover (including Diners Club International and JCB), American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo) logo. Other methods of payment will not be accepted. Christie’s will only accept payment from the registered buyer – individual or entity. If you register and buy as an entity in accordance with paragraph 2(b), above, your entity will need to pay for any purchases via a credit card issued to the entity’s account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you buy any lot, in order to pay for your lot, you will need to log onto your account and check out your basket on the “My Account - My Bids and Checkout - Checkout” tab. You will need to enter your credit card information on check-out. The credit card you provide will be charged in U.S. dollars. For non-U.S. buyers, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with regard to payment, please contact Christie's Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com.
(e) Sales or use tax: New York sales tax or value added sales tax, sales or compensating use tax of any applicable jurisdiction (including but not limited to deliveries in California, Florida, Illinois, Massachusetts, New York, Pennsylvania, Rhode Island or Texas) will be collected, as applicable, before the lot may be sent. It is the buyer’s responsibility to ascertain and pay all taxes due. Christie’s is not able to honor any reseller’s certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable sales tax to any bidder. As a successful buyer you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie’s with the appropriate valid and up-to-date documentation and Christie’s will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining a refund shall not justify the rescission of any sale.
(f) International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(g) Retention of Sold Property from the Buyer: Christie’s shall be entitled to retain any items sold until all amounts due from the buyer to Christie’s, or to Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full, cleared funds from the buyer or until the buyer has satisfied such other terms as Christie’s, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require to our satisfaction. If such amounts are not paid or such checks are not satisfied by the buyer to our satisfaction, Christie’s shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law.
(h) Storage and Shipment of your Purchased Lots: Christie’s will arrange for shipment of your purchased lots provided the lots have been paid for in full, cleared funds. If you wish to have your purchases shipped either domestically or internationally, you must indicate that at the time of check-out. If such shipments can be facilitated, purchases will be shipped to the address you provide at check-out.
Subject to 5(g) above, Christie’s will store your lots free of charge until the relevant deadline for shipment, at which time purchases will be shipped to you at your expense and pursuant to the instructions you provided at time of payment. Christie’s will arrange shipment of your purchased lots within three (3) to five (5) business days after items have been paid for in full, cleared funds. Christie’s will be closed for business on Thursday, November 28, 2013 and Friday, November 29, 2013, for the Thanksgiving holiday. Purchases made during this time will be processed on the next business day (Monday, December 2, 2013). Orders will be delivered to the shipping address indicated at the time of check-out. Christie’s cannot facilitate shipment to P.O. boxes.
For domestic shipment (e.g. continental U.S. shipping address), in order to receive purchases by December 24, 2013, buyers should ensure check-out and successful payment by December 13, 2013. Christie’s will then endeavor that your purchased items be delivered by December 24, 2013, provided, however, that due to increased holiday deliveries, Christie’s recommends that purchases be completed as soon as possible.
For international shipment (e.g. non-continental U.S. and non-U.S. shipping address), buyers should take into account customs and duties clearance time when making purchases. As such procedures vary by country, Christie’s recommends that purchases be completed as soon as possible.
Please ask for details from your customs agent, applicable government entity or other organization and please read the lot detail page for any lot-specific shipping restrictions.
In addition to the fixed retail price you will be responsible for any applicable valued added, sales or compensating use tax or equivalent tax and any and all shipping expenses, including costs, packing and handling and any loss damage liability fees, as well as other applicable charges. Christie’s will provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped to you at a rate of one percent (1%) of the fixed retail price. This will be charged at check-out and will cover loss, theft, damage or breakage. Although Christie’s shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, neither Christie's nor the seller is responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where Christie’s may suggest other handlers, packers or carriers if so requested, neither Christie’s nor the seller accepts responsibility or liability for their acts or omissions.
(i) Risk – Insurance: The risk in, and responsibility for, your purchased lot(s) will transfer to you from the date and time of release by Christie’s and shipment to you.
(j) Import/Export Licenses or Other Permits: Unless otherwise agreed by Christie’s in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor Christie’s right to charge interest or storage charges on late payment. A delay in obtaining (or a failure to obtain) required permits or licenses shall not justify a rescission of any sale nor a delay in making payment in full, cleared funds for the lot, and Christie’s shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making payment in full, cleared funds for the lot.
(k) Failure to Provide Shipping Instructions for Your Purchases: Where shipping or delivery arrangements have not been provided within seven (7) days of the relevant deadline for arranging shipment, or delivery, whether or not payment has been made, Christie’s shall be permitted to remove the property to a third party warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us.
6. Extent of Liability for Christie’s
(a) Internet Services: Christie’s offers internet services as a convenience to Christie’s clients, but neither Christie’s nor the seller will be responsible to you for errors or failures to execute purchases placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: i. any loss of connection to the online-only sale; ii. a breakdown or problems with the online sale software; and/or iii. a breakdown or problems with any internet connection, computer, mobile device or system. Execution of online and mobile internet purchases is a free service and neither Christie’s nor the seller accepts liability for failing to access the sale site or to execute an online or mobile internet purchase or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and neither Christie’s nor the seller is responsible to you for any error or breakdown in these services.
(b) Limited Warranty: Subject to the terms and conditions of this paragraph, Christie’s warrants for a period of five (5) years from the date of the sale that any property described in headings printed in UPPER CASE TYPE (i.e. headings having all capital-letter type) in the Lot Description View (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. The term “author” or “authorship” refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the UPPER CASE description of the lot. Only UPPER CASE TYPE headings of lots in the lot description indicate what is being warranted by Christie’s. Christie’s warranty does not apply to supplemental material which appears below the UPPER CASE TYPE headings of each lot and Christie’s is not responsible for any errors or omissions in such material. The warranty does not apply to any heading which is stated to represent a qualified opinion. The warranty is subject to the following:
i. It does not apply where: (a) the lot description or any online notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; or (b) correct identification of a lot can be demonstrated only by means of either a scientific process not generally accepted for use until after the sale or a process which at the date of the sale was unreasonably expensive or impractical or likely to have caused damage to the property;
ii. The benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Christie’s when the lot was sold;
iii. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party;
iv. Your sole and exclusive remedy against Christie’s and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original fixed retail price paid for the lot. Neither Christie’s nor the seller will be liable for any (a) loss of profits, loss of revenue, loss of business opportunity or goodwill, or interest; or (b) any special, incidental or consequential damages;
v. You must give written notice of claim to us within five (5) years from the date of the sale. It is Christie’s general policy, and Christie’s shall have the right, to require the buyer to obtain the written opinions of two recognized experts in the field, mutually acceptable to Christie’s and the buyer, before Christie’s decides whether or not to cancel the sale under the warranty; and
vi. You must return the lot to the Christie’s sale location from which it was sold in the same condition as at the time of the sale.
vii. Your only right against Christie’s under the Limited Warranty set out in paragraph 6(b), above, is to cancel the sale and receive a refund of the fixed retail price. We will not, in any circumstances, pay you more than this total sum.
viii. Christie’s gives no warranty in relation to any lot other than as set out in paragraph 6(b), above and, as far as Christie’s is allowed by law all warranties and other terms which may be added to this agreement by law are excluded. Christie’s is not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of any lot) other than in the event of fraud or fraudulent misrepresentation by us. In particular, please be aware that our online-sale service, condition reports and currency converter are free services and Christie’s is not responsible to you for any error or breakdown in these services. Christie’s has no responsibility to any person other than a buyer in connection with the purchase of any lot. If, in spite of the terms in this paragraph, Christie’s is found to be liable to you for any reason, we shall not have to pay more than the fixed retail price paid by you to Christie’s. Christie’s will not be responsible to you for any reason for loss of profits or business, expected savings or interest, costs, damages, or expenses.
(c) Extent of Liability:
i. Neither the seller nor Christie’s, nor any of their officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, nor Christie’s, nor any of their officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, value, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph;
ii. Neither the seller nor Christie’s, nor any of their officers, employees or agents, is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority;
iii. In addition to the other rights of cancellation contained in this agreement, Christie’s can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
iv. Translations of certain documents relating to the sale, including but not limited to lot descriptions and these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, may be provided as a convenience to our clients. Neither Christie’s nor the seller makes any representation as to the accuracy of such translations and will not be held responsible for errors in buying arising from inaccuracies in translation.
7. Copyright
(a) The copyright in all images, illustrations and written material produced by or for Christie’s or the seller relating to a lot, including but not limited to the lot description, is and shall remain at all times the property of Christie’s and shall not be used by the buyer, nor by anyone else, without the prior written consent of Christie’s. Christie’s and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only sale as displayed within LotFinder® and http://www.christies.com/onlineonly, including but not limited to text, graphics, and images (hereinafter the “Material”) are protected by copyright, trademark and other laws and are owned or controlled by Christie’s Inc., Christie’s Images Inc., Christie’s Images Ltd., and/or other affiliated entities (together, “Christie’s”) and/or by third parties. Christie’s and the seller authorize you to view and download a single copy of the Material solely for your personal, non-commercial use provided that the aforementioned single copy shall be deleted and destroyed in whatever form rendered and upon whatever media stored no later than thirty (30) days following the conclusion of the sale. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie’s, the seller or any applicable third party, as applicable. For information on obtaining licenses to use the photographs that appear on LotFinder® and/or http://www.christies.com/onlineonly, please inquire with Christie’s Client Services at +1 (212) 636-2000.
8. Severability
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
9. Personal Information
Christie’s will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with, our privacy policy at http://www.christies.com/about/help/privacy. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your account. Our services use GlobalCollect™ to process all payments, and may include fraud prevention reviews. Payment-specific information is submitted to GlobalCollect™ and is processed on secure servers in accordance with the rules of the PCI Security Standards Council, for which GlobalCollect™ is fully certified. The information submitted and used for processing includes without limitation:
• Name and contact details including shipping and billing addresses
• Credit Card information
• Total transaction value
• The IP Address from which you are checking out
Christie’s do not have access to or retain any Credit Card information details.
10. Law and Jurisdiction
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held, which here is New York (except for the right to cancel for an EU buyer, as provided for in paragraph 11, below). By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the courts of that country, state, country or province, and (if applicable) of the federal courts sitting in such state.
11. Right to Cancel
(a) If you are a consumer located in the European Union, you may have a legal right to cancel the contract which is formed when you buy a lot. This right is provided under the Distance Selling Directive 97/7/EC during the period set out below in paragraph 11(c), below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a lot, you can notify us of your decision to cancel the contract and receive a refund.
(b) However, this cancellation right does not apply in the case of any lot made to your specification or which has been clearly personalized.
(c) You have a period of seven (7) working days in which you may cancel the contract, starting from the day after the day you receive the lot. Working days means that Saturdays, Sundays or public holidays are not included in this period.
(d) To cancel a contract, please contact us in writing by sending an e-mail to unwrapped@christies.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you send us the e-mail.
(e) You will receive a full refund of the fixed retail price you paid for the lot and any applicable delivery charges; provided that you will remain responsible for any fees and/or duties paid on the transport of the lot to you, as well as on the return of the lot to us, as set forth below. We will process the refund due to you as soon as possible and, in any case, within thirty (30) calendar days of the day on which you gave us notice of cancellation as described in paragraph (d). We refund you on the credit card or debit card used by you to pay.
(f) If the lot(s) were delivered to you:
i) You must return the lot to us as soon as reasonably practicable and, in any event, within fourteen (14) days of cancelling the contract;
ii) You will be responsible for the cost of returning the lot to us at your risk, including any applicable customs charges and duties;
iii) You have a legal obligation to keep the lot in your possession until you return it to us and to take reasonable care of the lot while they are in your possession.
iv) Returns are transported at your risk so you should ensure that the carriage arrangement you select to return a lot provides adequate insurance against loss or damage. If you would like us to help make arrangements for the return transport, please contact us at +1 (212) 636-2002 or unwrapped@christies.com.
(g) Details of your legal right to cancel and an explanation of how to exercise it shall also be provided with the confirmation of your sale (for example by email) or in the dispatch confirmation sent to you with the lot.
IMPORTANT NOTICES AND IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING PRACTICE
IMPORTANT NOTICES
From time to time, Christie's may offer a lot which it owns in whole or in part. Such property is identified in the lot description with language indicating such ownership.
ALL DIMENSIONS ARE APPROXIMATE
CONDITION REPORTS
Condition reports will often be made available online. The lot descriptions may include references to condition in descriptions of multiple works (such as prints, books and wine). Please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com for supplementary information, such as a condition report on a particular lot. Such information is provided as a service to interested clients. Bidders should note that descriptions of property are not warranties and that each lot is sold "as is."
We recommend that you always examine the property personally.
PROPERTY INCORPORATING MATERIALS FROM ENDANGERED AND OTHER PROTECTED SPECIES
Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the lot description (or are identified in the lot description with language indicating as such). Such material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whale bone and certain species of coral, together with Brazilian rosewood. Prospective purchasers are advised that several countries prohibit altogether the importation of property containing such materials, and that other countries require a permit (e.g., a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation. Accordingly, clients should familiarize themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. For example, the U.S. generally prohibits the importation of articles containing species that it has designated as endangered or threatened if those articles are less than 100 years old. Please note that it is the client's responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered and other protected wildlife material. The inability of a client to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or rescission of the sale. Please note also that lots containing potentially regulated wildlife material are marked as a convenience to our clients, but Christie's does not accept liability for errors or for failing to mark lots containing protected or regulated species.
CONDITIONS FOR BUYERS RESIDING OUTSIDE OF THE EU
CONDITIONS OF SALE AND TERMS OF USEThese Conditions of Sale and Terms of Use (the “Conditions of Sale”) refer to the fixed-price lots on offer in Christie’s Unwrapped: Online-Only Sale. For Conditions of Sale and Terms of Use regarding the Charity lots offered via online-auction, please view these at http://onlineonly.christies.com/c/terms/35.
These Conditions of Sale contain all the terms on which Christie’s Inc., 20 Rockefeller Plaza, New York, New York, 10020 and the seller (also referred to as “Christie’s”, “we”, “us”, “our” and “ourselves”) contract with you (also referred to as the “buyer”, “you” and “your”). If there are any amendments to these terms and conditions, you will find such amendments at http://www.christies.com/onlineonly during the sale and such amendments will supersede the Conditions of Sale or relevant parts as notified provided herein.
BY REGISTERING TO BUY AT THE SALE YOU AGREE TO BE BOUND BY AND ACCEPT THESE CONDITIONS OF SALE.
Please read the Conditions of Sale carefully prior to registering.
1. Christie’s as Agent
Except as otherwise stated, Christie’s acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Registration
(a) Registration: If you have an existing MyChristie’s account, you can sign into the online-only sale with your existing username and password and then subsequently register for the sale (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie’s and, therefore, do not already have a MyChristie’s account, you will need to first create a MyChristie’s account by following the instructions provided at http://www.christies.com/onlineonly and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on Monday, November 18, 2013 at 3:00 p.m. (EST) when the sale starts and ending on Tuesday, December 17, 2013 when the sale closes at 1:00 p.m. (EST).
(b) Registering as Principal/On Behalf of an Entity: If you are purchasing on behalf of an entity and the entity already has a MyChristie’s account, the entity’s name will need to be entered as part of the sale registration process. If your entity does not already have a MyChristie’s account, you cannot register online at http://www.christies.com/onlineonly. Please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com. In either situation, Christie’s may require your entity to provide certain documents or meet certain qualifications as set forth below.
As a successful purchaser, if you registered as an entity purchaser, your entity will need to pay for any purchases via a credit card issued to the entity’s account and not a personal account.
Christie’s is not able to honor any reseller’s certificates through the online-only sale process and cannot grant any exemption upon check-out for applicable sales tax to any buyer. As a successful buyer, you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie’s with the appropriate valid and up-to-date documentation and Christie’s will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining a refund shall not justify the rescission of any sale.
(c) Requirements and Purchase Limits: In order to register to purchase, you are required to supply the information requested, including valid credit card information. If you are purchasing on behalf of an entity, you should provide information for the credit card issued to the entity’s account.
Each purchaser is subject to an aggregate reservation limit in the amount of USD 300,000 for this particular sale. This aggregate limit shall apply to all items selected to purchase by you until successfully checked out and paid for, and shall not apply on a per lot basis. Christie’s, in its sole discretion, may lower or rescind this limit, and has the ability to contact you to request the production of documents or information in relation to such limit. If you should reach the aggregate purchase limit based on the purchases you make, you will not be able to purchase other items. If you have a question regarding your purchase limit, please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com.
Christie’s may require the production of bank or other financial references or that you meet certain qualifications.
Christie’s may require you, or, if you are registering to purchase on behalf of an entity in accordance with paragraph 2(b), above, your entity, to provide the following types of information and/or documentation, if applicable: Confirmation of registration (including, but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement or recent postal envelope, if the registered address is not listed on the entity’s documents); and a valid, government-issued photo ID for the account owner (driver's license, passport or national identity card). Christie’s Client Services will contact you should such documentation be required.
(d) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the sale, revoke your permission to participate and/or refuse to award your lots at any time prior to, during or even after the close of the sale.
3. Before the Sale
(a) Examination of Property: You are strongly advised to examine personally any lot in which you are interested, before you purchase the lot. You can request a private viewing of the lots in which you are interested and which are still available for purchase by making an appointment to view the lots from November 18, 2013 through November 21, 2013 at Christie’s warehouse in New York, which exact location will be provided when the appointment is made. To make an appointment, a client may either contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at unwrapped@christies.com. Neither Christie’s nor the seller provides any guarantee in relation to the nature of the property. Condition reports are usually available online. The property is sold “as is.”
(b) Lot Descriptions: All statements by us in the online description of any property (the “lot description”) or orally or in writing elsewhere are statements of opinion given honestly and with appropriate care and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind.
The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any other supplementary material to damage are for guidance only and should be evaluated by personal inspection by the buyer or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 6(b), below, neither Christie’s, nor the seller is responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) Buyer’s Responsibility: All property is sold “as is” without any representation or warranty of any kind by Christie’s or the seller except for the Limited Warranty as set out in paragraph 6(b), below. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering purchasing a lot you should examine it – see 3(a), above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://www.christies.com/onlineonly .
4. At the Sale
(a) Lots within this sale are offered for purchase at a fixed retail price. It allows you, the buyer, to buy the relevant lot at a fixed retail price which includes all retail commission (sometimes referred to as buyer’s premium) and will not include any applicable value added, sales or compensating use tax or equivalent tax, which shall be charged, if applicable, in addition to the fixed retail price.
(b) Logistics: The application that enables online buying is optimized for broadband connectivity (DSL or cable modem). Please note that broadband or other capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
(c) Refusal of Purchase: Christie's reserves the right, in our absolute discretion, to reject, revoke or refuse to honor any purchase (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the sale. Christie’s also reserves the right to disable or deactivate your account at any time during the sale. Christie’s will use its reasonable discretion when exercising this right.
(d) Purchasing as Principal: When making a purchase, whether as an individual or on behalf of an entity, you are accepting personal liability to pay the fixed retail price which includes any and all retail commission (sometimes referred to as buyer’s premium), and in addition, any applicable value added, sales or compensating use tax or equivalent tax.
(e) Online Purchase Process: A purchase of a lot can be reserved and added into your basket (subject to the aggregate purchase limit set forth in paragraph 2(c), above) and you will have a fifteen (15) minutes reservation window to complete your checkout. If such checkout is not completed within this time the lot will no longer be reserved and will be re-offered back into the sale. It is only upon successful payment for the reserved lot that the lot will be purchased by you. Neither Christie’s nor the seller is responsible for your errors in purchasing.
(f) The Record of Sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie’s and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot’s closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Purchasing: Please note that employees of Christie’s may be purchasing from this sale.
(i) Closing of Purchasing: Purchases may be made beginning on Monday, November 18, 2013 at 3:00 p.m. (EST) when the sale starts, and can be made at any time until the sale closes on Tuesday, December 17, 2013 at 1:00 p.m. (EST).
5. After the Sale
(a) Successful Purchases: Unless Christie’s decides to use its discretion as set out in paragraph 4(c), above, the buyer who finalizes the payment process and successfully pays for the lot will be the purchaser. This means a contract for sale has been formed between the seller and the purchaser. Purchasers will receive an email notification of any successful payment. You are requested to complete checkout immediately after reserving a lot. Neither Christie’s nor the seller accepts responsibility for notifying you of the status of your reserved lots.
(b) Buyer’s Premium: The fixed retail price for which you may purchase the lot is inclusive of any retail commission and/or Christie’s buyer’s premium, but is exclusive of any applicable value added, sales or compensating use tax or equivalent tax, which, if applicable, shall be in addition to such fixed retail price. Further, in addition to the fixed retail price, you agree to pay any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges.
(c) Passing of Title: You will not acquire title and own the lot until all amounts due to Christie’s have been received by Christie’s in full and cleared funds even in circumstances where Christie’s has released the lot to you.
(d) Payment Method: You must pay for any lot bought via the online-only sale by credit card. Christie’s will only accept credit cards with a MasterCard, Visa, Discover (including Diners Club International and JCB), American Express or China Union Pay (if the China Union Pay credit card has a Visa or MasterCard logo) logo. Other methods of payment will not be accepted. Christie’s will only accept payment from the registered buyer – individual or entity. If you register and buy as an entity in accordance with paragraph 2(b), above, your entity will need to pay for any purchases via a credit card issued to the entity’s account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you buy any lot, in order to pay for your lot, you will need to log onto your account and check out your basket on the “My Account - My Bids and Checkout - Checkout” tab. You will need to enter your credit card information on check-out. The credit card you provide will be charged in U.S. dollars. For non-U.S. buyers, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with regard to payment, please contact Christie's Client Services via phone at +1 (212) 636-2002 or via email at http://www.christies.com/onlineonly .
(e) Sales or use tax: New York sales tax or value added sales tax, sales or compensating use tax of any applicable jurisdiction (including but not limited to deliveries in California, Florida, Illinois, Massachusetts, New York, Pennsylvania, Rhode Island or Texas) will be collected, as applicable, before the lot may be sent. It is the buyer’s responsibility to ascertain and pay all taxes due. Christie’s is not able to honor any reseller’s certificates through the online-only auction process and cannot grant any exemption upon check-out for applicable sales tax to any bidder. As a successful buyer you will be charged sales tax, if applicable, as part of the check-out process. Buyers claiming exemption and a refund must provide Christie’s with the appropriate valid and up-to-date documentation and Christie’s will facilitate the process of a refund. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining a refund shall not justify the rescission of any sale.
(f) International Duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(g) Retention of Sold Property from the Buyer: Christie’s shall be entitled to retain any items sold until all amounts due from the buyer to Christie’s, or to Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full, cleared funds from the buyer or until the buyer has satisfied such other terms as Christie’s, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require to our satisfaction. If such amounts are not paid or such checks are not satisfied by the buyer to our satisfaction, Christie’s shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law.
(h) Storage and Shipment of your Purchased Lots: Christie’s will arrange for shipment of your purchased lots provided the lots have been paid for in full, cleared funds. If you wish to have your purchases shipped either domestically or internationally, you must indicate that at the time of check-out. If such shipments can be facilitated, purchases will be shipped to the address you provide at check-out.
Subject to 5(g) above, Christie’s will store your lots free of charge until the relevant deadline for shipment, at which time purchases will be shipped to you at your expense and pursuant to the instructions you provided at time of payment. Christie’s will arrange shipment of your purchased lots within three (3) to five (5) business days after items have been paid for in full, cleared funds. Christie’s will be closed for business on Thursday, November 28, 2013 and Friday, November 29, 2013, for the Thanksgiving holiday. Purchases made during this time will be processed on the next business day (Monday, December 2, 2013). Orders will be delivered to the shipping address indicated at the time of check-out. Christie’s cannot facilitate shipment to P.O. boxes.
For domestic shipment (e.g. continental U.S. shipping address), in order to receive purchases by December 24, 2013, buyers should ensure check-out and successful payment by December 13, 2013. Christie’s will then endeavor that your purchased items be delivered by December 24, 2013, provided, however, that due to increased holiday deliveries, Christie’s recommends that purchases be completed as soon as possible.
For international shipment (e.g. non-continental U.S. and non-U.S. shipping address), buyers should take into account customs and duties clearance time when making purchases. As such procedures vary by country, Christie’s recommends that purchases be completed as soon as possible.
Please ask for details from your customs agent, applicable government entity or other organization and please read the lot detail page for any lot-specific shipping restrictions.
In addition to the fixed retail price you will be responsible for any applicable valued added, sales or compensating use tax or equivalent tax and any and all shipping expenses, including costs, packing and handling and any loss damage liability fees, as well as other applicable charges. Christie’s will provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped to you at a rate of one percent (1%) of the fixed retail price. This will be charged at check-out and will cover loss, theft, damage or breakage. Although Christie’s shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, neither Christie's nor the seller is responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where Christie’s may suggest other handlers, packers or carriers if so requested, neither Christie’s nor the seller accepts responsibility or liability for their acts or omissions.
(i) Risk – Insurance: The risk in, and responsibility for, your purchased lot(s) will transfer to you from the date and time of release by Christie’s and shipment to you.
(j) Import/Export Licenses or Other Permits: Unless otherwise agreed by Christie’s in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor Christie’s right to charge interest or storage charges on late payment. A delay in obtaining (or a failure to obtain) required permits or licenses shall not justify a rescission of any sale nor a delay in making payment in full, cleared funds for the lot, and Christie’s shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making payment in full, cleared funds for the lot.
(k) Failure to Provide Shipping Instructions for Your Purchases: Where shipping or delivery arrangements have not been provided within seven (7) days of the relevant deadline for arranging shipment, or delivery, whether or not payment has been made, Christie’s shall be permitted to remove the property to a third party warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage, handling, insurance and any other costs incurred, together with payment of all other amounts due to us.
6. Extent of Liability for Christie’s
(a) Internet Services: Christie’s offers internet services as a convenience to Christie’s clients, but neither Christie’s nor the seller will be responsible to you for errors or failures to execute purchases placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: i. any loss of connection to the online-only sale; ii. a breakdown or problems with the online sale software; and/or iii. a breakdown or problems with any internet connection, computer, mobile device or system. Execution of online and mobile internet purchases is a free service and neither Christie’s nor the seller accepts liability for failing to access the sale site or to execute an online or mobile internet purchase or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and neither Christie’s nor the seller is responsible to you for any error or breakdown in these services.
(b) Limited Warranty: Subject to the terms and conditions of this paragraph, Christie’s warrants for a period of five (5) years from the date of the sale that any property described in headings printed in UPPER CASE TYPE (i.e. headings having all capital-letter type) in the Lot Description View (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship, is authentic and not a forgery. The term “author” or “authorship” refers to the creator of the property or to the period, culture, source or origin, as the case may be, with which the creation of such property is identified in the UPPER CASE description of the lot. Only UPPER CASE TYPE headings of lots in the lot description indicate what is being warranted by Christie’s. Christie’s warranty does not apply to supplemental material which appears below the UPPER CASE TYPE headings of each lot and Christie’s is not responsible for any errors or omissions in such material. The warranty does not apply to any heading which is stated to represent a qualified opinion. The warranty is subject to the following:
i. It does not apply where: (a) the lot description or any online notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; or (b) correct identification of a lot can be demonstrated only by means of either a scientific process not generally accepted for use until after the sale or a process which at the date of the sale was unreasonably expensive or impractical or likely to have caused damage to the property;
ii. The benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Christie’s when the lot was sold;
iii. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party;
iv. Your sole and exclusive remedy against Christie’s and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original fixed retail price paid for the lot. Neither Christie’s nor the seller will be liable for any (a) loss of profits, loss of revenue, loss of business opportunity or goodwill, or interest; or (b) any special, incidental or consequential damages;
v. You must give written notice of claim to us within five (5) years from the date of the sale. It is Christie’s general policy, and Christie’s shall have the right, to require the buyer to obtain the written opinions of two recognized experts in the field, mutually acceptable to Christie’s and the buyer, before Christie’s decides whether or not to cancel the sale under the warranty; and
vi. You must return the lot to the Christie’s sale location from which it was sold in the same condition as at the time of the sale.
vii. Your only right against Christie’s under the Limited Warranty set out in paragraph 6(b), above, is to cancel the sale and receive a refund of the fixed retail price. We will not, in any circumstances, pay you more than this total sum.
viii. Christie’s gives no warranty in relation to any lot other than as set out in paragraph 6(b), above and, as far as Christie’s is allowed by law all warranties and other terms which may be added to this agreement by law are excluded. Christie’s is not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of any lot) other than in the event of fraud or fraudulent misrepresentation by us. In particular, please be aware that our online-sale service, condition reports and currency converter are free services and Christie’s is not responsible to you for any error or breakdown in these services. Christie’s has no responsibility to any person other than a buyer in connection with the purchase of any lot. If, in spite of the terms in this paragraph, Christie’s is found to be liable to you for any reason, we shall not have to pay more than the fixed retail price paid by you to Christie’s. Christie’s will not be responsible to you for any reason for loss of profits or business, expected savings or interest, costs, damages, or expenses.
(c) Extent of Liability:
i. Neither the seller nor Christie’s, nor any of their officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, nor Christie’s, nor any of their officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, value, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph;
ii. Neither the seller nor Christie’s, nor any of their officers, employees or agents, is responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation by government or public authority;
iii. In addition to the other rights of cancellation contained in this agreement, Christie’s can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
iv. Translations of certain documents relating to the sale, including but not limited to lot descriptions and these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, may be provided as a convenience to our clients. Neither Christie’s nor the seller makes any representation as to the accuracy of such translations and will not be held responsible for errors in buying arising from inaccuracies in translation.
7. Copyright
(a) The copyright in all images, illustrations and written material produced by or for Christie’s or the seller relating to a lot, including but not limited to the lot description, is and shall remain at all times the property of Christie’s and shall not be used by the buyer, nor by anyone else, without the prior written consent of Christie’s. Christie’s and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only sale as displayed within LotFinder® and http://www.christies.com/onlineonly, including but not limited to text, graphics, and images (hereinafter the “Material”) are protected by copyright, trademark and other laws and are owned or controlled by Christie’s Inc., Christie’s Images Inc., Christie’s Images Ltd., and/or other affiliated entities (together, “Christie’s”) and/or by third parties. Christie’s and the seller authorize you to view and download a single copy of the Material solely for your personal, non-commercial use provided that the aforementioned single copy shall be deleted and destroyed in whatever form rendered and upon whatever media stored no later than thirty (30) days following the conclusion of the sale. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie’s, the seller or any applicable third party, as applicable. For information on obtaining licenses to use the photographs that appear on LotFinder® and/or http://www.christies.com/onlineonly, please inquire with Christie’s Client Services at +1 (212) 636-2000.
8. Severability
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
9. Personal Information
Christie’s will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with, our privacy policy at http://www.christies.com/about/help/privacy. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your account. Our services use GlobalCollect™ to process all payments, and may include fraud prevention reviews. Payment-specific information is submitted to GlobalCollect™ and is processed on secure servers in accordance with the rules of the PCI Security Standards Council, for which GlobalCollect™ is fully certified. The information submitted and used for processing includes without limitation:
• Name and contact details including shipping and billing addresses
• Credit Card information
• Total transaction value
• The IP Address from which you are checking out
Christie’s do not have access to or retain any Credit Card information details.
10. Law and Jurisdiction
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held, which here is New York (except for the right to cancel for an EU buyer, as provided for in paragraph 11, below). By bidding at auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the courts of that country, state, country or province, and (if applicable) of the federal courts sitting in such state.
IMPORTANT NOTICES AND IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING PRACTICE
IMPORTANT NOTICES
From time to time, Christie's may offer a lot which it owns in whole or in part. Such property is identified in the lot description with language indicating such ownership.
ALL DIMENSIONS ARE APPROXIMATE
CONDITION REPORTS
Condition reports will often be made available online. The lot descriptions may include references to condition in descriptions of multiple works (such as prints, books and wine). Please contact Christie’s Client Services via phone at +1 (212) 636-2002 or via email at http://www.christies.com/onlineonly for supplementary information, such as a condition report on a particular lot. Such information is provided as a service to interested clients. Bidders should note that descriptions of property are not warranties and that each lot is sold "as is."
We recommend that you always examine the property personally.
PROPERTY INCORPORATING MATERIALS FROM ENDANGERED AND OTHER PROTECTED SPECIES
Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the lot description (or are identified in the lot description with language indicating as such). Such material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whale bone and certain species of coral, together with Brazilian rosewood. Prospective purchasers are advised that several countries prohibit altogether the importation of property containing such materials, and that other countries require a permit (e.g., a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation. Accordingly, clients should familiarize themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. For example, the U.S. generally prohibits the importation of articles containing species that it has designated as endangered or threatened if those articles are less than 100 years old. Please note that it is the client's responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered and other protected wildlife material. The inability of a client to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or rescission of the sale. Please note also that lots containing potentially regulated wildlife material are marked as a convenience to our clients, but Christie's does not accept liability for errors or for failing to mark lots containing protected or regulated species.